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SMITH v. STATE

Nos. 90-929, 90-1397.

578 So.2d 366 (1991)

Robert SMITH and Michael Patterson, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 9, 1991.

Attorney(s) appearing for the Case

Don S. Cohn, Weiner, Robbins, Tunkey & Ross and Benjamin S. Waxman, for appellants.

Robert A. Butterworth, Atty. Gen., and Ivy R. Ginsberg, Asst. Atty. Gen., for appellee.

Before HUBBART, BASKIN and GODERICH, JJ.

PER CURIAM.

This is an appeal by the defendants Robert Smith and Michael Patterson from judgments of conviction for (1) trafficking in cocaine, and (2) conspiracy to traffic in cocaine, based on an adverse jury verdict. We reverse and remand for a new trial.

First, we conclude that the trial court erred in denying the defendants' motion for a continuance when the state announced, after the jury had been selected and sworn, that a codefendant, Bobby Monroe...

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